CURTRIGHT C. TRUITT, P.A. (239) 277-5225Ledmonds@ctruittpa.com

INTRODUCTION

In the event that decisions are required by an attorney, acting as an arbitrator, which is being increasingly ordered by courts, we are ready to assist you.

Arbitration Fees:

  • $400 per hour for two (2) party cases, with all fees to be split equally between the parties, unless otherwise agreed upon

    $175 per party  / per hour for three (3) or more party cases, with all fees to be split equally between the parties, unless otherwise agreed upon

  • Review of documents and other evidence will be billed at $400 per hour, with all fees to be split between the parties, unless otherwise agreed upon

  • Drafting of Arbitration Award will be billed at $400 per hour, with all fees to be split equally between the parties, unless otherwise agreed upon

  • A minimum of three (3) hours will be charged for all half-day arbitrations

  • A minimum of six (6) hours will be charged for all full-day arbitrations

  • Whenever possible, half-day arbitrations should be scheduled to begin at 9:00 a.m. or 1:30 p.m.

  • Whenever possible, full-day arbitrations should be scheduled to take place from 9:00 a.m. until 4:00 p.m.

  • Travel fees are included at this time for arbitrations taking place in Lee, Collier, Charlotte, Hendry, Desoto and Sarasota Counties

    For arbitrations held elsewhere, there will be a $75 per hour travel charge, along with 100% reimbursement should lodging, etc. be required

  • All arbitration fees are to be paid in full within thirty (30) days of being invoiced

  • Any charges not paid within thirty (30) days of  being invoiced will accrue interest at the rate allowable by law

Arbitration Cancellation Fees:

  • There will be a three (3) hour minimum charge for half-day arbitrations cancelled within seven (7)  days of the scheduled arbitration
  • There will be a six (6) hour minimum charged for full-day arbitrations cancelled within one seven (7)  days of the scheduled arbitration
  • Cancellation fees are to be split evenly amongst all parties, unless otherwise agreed upon.

  • A waiver or reduction of cancellation fees may be considered under certain circumstances

  • All cancellation fees are to be paid in full within thirty (30) days of being invoiced

  • Any cancellation fees not paid within thirty (30) days of being invoiced will accrue interest at the rate allowable by law

  • NOTE:  The above fee schedule applies only to privately scheduled arbitrations and those cases where there has been no order or referral to arbitration entered by the Court.  Should there be an order entered in the Court file, arbitration fees will be charged in accordance with same; pursuant to Florida Statutes, Section 44.103(3); or as otherwise agreed to by the arbitrator and the parties.  Please contact our office should you have questions in this regard.

    ARBITRATION PROCEDURES AND

    ANSWERS TO FREQUENTLY ASKED QUESTIONS

    • – Please provide a brief summary of the case to the arbitrator several days ahead of the arbitration hearing
    • – Documents and other exhibits to be reviewed by the arbitrator in excess of 100 pages should be printed, indexed, placed in a notebook/binder, and provided at the arbitration hearing (it is not necessary to provide in advance)
    •  – Opening statements should be handled as if it were a mediation, but with more detail
    • – Rules of Evidence do not apply – please rely on the arbitrator to not make findings on matters known to be clearly inadmissible
    • – The arbitrator will attempt to follow the greater weight of the evidence and applicable jury instructions
    • – Testimony:  Each party is free to call live witnesses at the arbitration hearing, although the arbitrator prefers to read deposition transcripts and other reports
    • – Damages (medical expenses and especially past medical expenses):  The arbitrator encourages an agreement as to net medical bills – while the arbitrator recognizes the gross amount will be “blackboarded” subject to the current debate as to governmental provides; however, for the arbitrator to write a fair award this is crucial
    • – Where permanency applies, remember to address with an expert – by deposition and/or affidavit
    • – Life Care Plans:  If treating doctors and/or CME physicians have addressed, please provide
    • – Ground Rules and Time:  The hearing has to “close” within thirty (30) days.  The arbitrator takes this mean receipt of all materials.  However, the arbitrator recommends, absent extraordinary circumstances, ten (10) days or less.  This is not meant as pure rebuttal to material from the other side.  Unless you agree, the arbitrator will abide by the cut-off dates
    • – Important:  medical bills, liens, etc. are expected to be provided to the arbitrator well before the hearing and using the window of time to supplement should not be used to submit additional damages, especially damages or evidence that could significantly change the case
    • PLEASE CALL OR EMAIL US SHOULD YOU HAVE ANY
    • OTHER PROCEDURAL QUESTIONS OR COMMENTS
    • (239) 277-5225
    • curt@ctruittpa.com
12711 World Plaza Lane, Building 81

Fort Myers, Florida 33907

Phone: (239) 277-5225

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